Can I Appeal A Harsh Sentence?
When facing what seems like an excessively harsh sentence, you have legal options. The appellate process provides a safeguard against unfair outcomes in our criminal justice system. Understanding these appeal rights could mean the difference between years of unnecessary incarceration and a fair sentence that properly reflects both the offense and your individual circumstances.
Our skilled criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free phone consultation with one of our criminal defense attorneys near you.
Grounds for Appealing Your Sentence
Before pursuing an appeal, it’s important to understand the legitimate grounds on which sentences can be challenged:
1. Abuse of Judicial Discretion
Judges have considerable discretion in sentencing, but this power isn’t unlimited. When a judge imposes a sentence that significantly exceeds reasonable standards without justification, this may constitute an abuse of discretion warranting appeal.
2. Legal Errors in Sentencing
Sometimes courts misinterpret or misapply sentencing laws, leading to inappropriate sentences. These errors often involve:
- Misunderstanding the court’s own sentencing authority
- Incorrect application of sentencing enhancements
- Failure to consider mitigating factors
- Mistaken interpretation of relevant statutes
3. Constitutional Violations
Sentences that violate constitutional protections—such as those against cruel and unusual punishment or those ensuring equal protection under the law—provide strong grounds for appeal.
4. New Legislation
Changes in the law sometimes apply retroactively, potentially affecting the legality of existing sentences. When new legislation creates pathways for resentencing, this can offer relief even years after the original conviction.
The Appeals Process: What to Expect
The appeals process follows a structured path:
- Filing Notice of Appeal: This must typically be done within a specified timeframe after sentencing.
- Preparing the Appeal Brief: Your attorney will draft a comprehensive brief identifying specific legal errors made during your sentencing.
- Appellate Court Review: The appellate court will review the trial record and briefs without new evidence or testimony.
- Decision and Potential Remand: If successful, the case may be remanded (sent back) to the trial court with specific instructions for resentencing.
- Resentencing Hearing: The trial court conducts a new sentencing hearing in accordance with the appellate court’s findings.
Real Life Example: People v. Nguyen (2025)
A recent case demonstrating the importance of understanding a court’s full sentencing authority is the case involving defendants convicted of serious charges including multiple murders in 1985.
Initially, the defendants received consecutive life sentences without the possibility of parole for two murder convictions, along with determinate terms for attempted murder charges. Years later, in 2022, they filed petitions under Penal Code Section 1172.6, which led to the trial court vacating their attempted murder convictions and redesignating them as assault with firearm convictions.
While the court reduced the sentences for these newly designated assault charges, it left the sentences for the murders intact. This decision appeared to stem from the trial court’s mistaken belief that it lacked authority to modify these sentences. On appeal, the defendants argued this was an error—the trial court actually did have discretion to reconsider the sentences and potentially impose life sentences with the possibility of parole instead.
The appellate court agreed with the defendants. The court identified that under Penal Code Section 1385.1, trial courts have discretion to dismiss special circumstance allegations for murders committed before June 6, 1990.
Since the murders in this case occurred before that date, the trial court did have authority to strike the special circumstance enhancements that had mandated the sentences. The case was partially reversed and remanded for a new sentencing hearing where the defendants could request dismissal of their special circumstance enhancements—potentially changing their sentences from life without parole to life with the possibility of parole.
Sometimes even the courts themselves may not fully understand the extent of their sentencing authority, particularly when dealing with complex interactions between older convictions and newer laws. Without the persistence of appellate counsel, these defendants might never have had the opportunity for their sentences to be reconsidered.
How Recent Legislation Has Created New Opportunities for Sentence Relief
In recent years, California and many other states have passed significant criminal justice reforms that create new pathways for sentence reconsideration. These reforms often reflect evolving societal views on proportionate punishment and rehabilitation potential.
Some notable changes include:
- Reforms to “three strikes” laws
- Reclassification of certain offenses from felonies to misdemeanors
- Creation of resentencing opportunities for those convicted under now-reformed laws
- New protections for youthful offenders
- Recognition of mitigating factors like trauma history or mental health issues
These legislative changes mean that even if your direct appeal options have been exhausted, new legal avenues for sentence reduction might still be available.
Why Experienced Appellate Representation Matters
The appellate process differs significantly from trial litigation. It requires:
- Deep knowledge of complex procedural rules
- Ability to identify subtle legal errors in court records
- Skill at crafting persuasive legal arguments grounded in precedent
- Understanding of evolving sentencing laws and their retroactive applications
Contact Wallin & Klarich Today
If you are wanting to appeal a conviction, contact our aggressive criminal defense and appeal attorneys at Wallin & Klarich immediately. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients avoid criminal convictions and avoid serving prison or jail sentences. We know the most effective strategies to argue for you, and we will do everything we can to help you achieve the best possible result in your case.
Wallin & Klarich has offices throughout Southern California including Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Also, our law firm can handle many types of criminal cases statewide.Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled defense attorney near you.
